Judicial review principles

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Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Practice notes
The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
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9th Nov
Practice notes
This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...
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9th Nov
Practice notes
When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...
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Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan
Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes
The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan
Practice notes
This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...
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9th Nov
Practice notes
The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...
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Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 12th Jan
Practice notes
This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
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Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan
Practice notes
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...
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Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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9th Nov
Practice notes
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A...
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9th Nov
Practice notes
Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or...
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9th Nov
Practice notes
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...
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9th Nov

Most recent Judicial review principles content

Practice notes
ARCHIVED: This Practice Note has been archived is not maintained. What is the status of EU law in English law?EU law has formed part of UK law since...
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Produced in partnership with Andrew Eaton and Telha Arshad of Hogan Lovells International LLP 26th Apr
Practice notes
There is no single, universal answer to the question whether a particular organisation is treated, in law, as a public authority.Rather, on one hand...
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Produced in partnership with Carl Gardner 9th Apr
Practice notes
What is judicial review?Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 9th Apr
Practice notes
Judicial review is an equitable remedy. The court has discretion to make an award in successful claims, which it will only exercise where it is just...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Apr
Practice notes
Although it may not be possible to prevent a claimant from issuing a claim for judicial review, the more robust the decision-making process employed...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Apr
Practice notes
Disclosure (stating that a document exists or has existed) in judicial review proceedings is expected to be achieved through compliance with the duty...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 8th Apr
Practice notes
This table shows the differences between litigation and the main different forms of alternative dispute resolution (ADR).Type of...
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1st Apr
Practice notes
This Practice Note considers judicial review grounds of challenge in Scotland.For guidance on:•Other aspects of judicial review in Scotland, see...
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Produced in partnership with Graham Horn of MacRoberts LLP 24th Mar
Practice notes
This Practice Note considers the remedies available in a judicial review claim raised in Scotland.For guidance on:•other aspects of judicial review in...
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Produced in partnership with Graham Horn of MacRoberts LLP 24th Mar
Q&As
Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by public bodies. It is a...
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23rd Mar
Q&As
Judicial review in Scotland evolved separately from England and Wales which accounts for its unique features and terminology. However, in recent years...
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23rd Mar
Practice notes
This Practice Note provides an introduction to judicial review in Scotland.For guidance on:•other aspects of judicial review in Scotland, see Practice...
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Produced in partnership with Graham Horn of MacRoberts LLP 23rd Mar
Practice notes
ARCHIVED: This Practice Note has been archived is not maintained. For alternative further reading, see Practice Note: Judicial review in...
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Produced in partnership with Carolyn Morgan of Harper Macleod LLP 22nd Mar
Q&As
Damages may be available from an EU Member State if it is found to have breached an individual's right under an EU law provision which has direct...
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19th Mar
Q&As
Public authorities generallyPublic authorities are constrained in their actions as they are required to act in accordance with their statutory...
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15th Feb
Q&As
Illegality in a judicial review contextA public body is not permitted to act beyond the scope of its powers and duties, which may be defined by...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 15th Feb
Q&As
Save in particular circumstances, a public body cannot prevent itself from properly considering the exercise of its discretion in individual cases....
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Produced in partnership with Jamas Hodivala of Matrix Chambers 15th Feb
Q&As
A decision-maker must take into account all relevant matters, and must ignore irrelevant matters. The weight to be attached to such relevant matters...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 8th Jan
Q&As
Assuming the decision is made by a public authority or other public body susceptible to judicial review, the first issue to consider is whether the...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 8th Jan
Q&As
A Registered Social Landlord (RSL) is a hybrid public authority. It is therefore capable of exercising both public and private functions. Only...
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Produced in partnership with Tim Edds of Browne Jacobson 8th Jan

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